The Battle for International Law: South-North Perspectives on the Decolonization Era

ISBN : 9780198849636

Jochen von Bernstorff; Philipp Dann
464 ページ
156 x 234 mm
History and Theory of International Law

This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today.
Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.


Jochen von Bernstorff and Philipp Dann: The Battle for International Law: A Sketch
Part I: Sites of Battle
A. Concepts - Kampfbegriffe
1 Surabhi Ranganathan: The Common Heritage of Mankind: Annotations on a Battle
2 Jochen von Bernstorff: The Battle for the Recognition of Wars of National Liberation
3 Luis Eslava: The Developmental State: Independence, Dependency and the History of the South
4 Matthew Craven: Colonial Fragments: Decolonisation, Concessions and Acquired Rights
5 Anna Brunner: Acquired Rights and State Succession - The Rise and Fall of the Third World in the International Law Commission
6 Subhya Pahuja and Anna Saunders: Rival Worlds and the Place of the Corporation in International law
7 Muthucumaraswamy Sornarajah: The Battle Continues: Rebuilding Empire through Internationalization of State Contracts
8 Florian Hoffmann and Bethania Assy: (De)colonizing Human Rights
9 Rotem Giladi: Picking Battles: Race, Decolonization, and Apartheid
B. Institutions
10 Ingo Venzke: The International Court of Justice During the Battle for International Law (1955-1975)-Colonial Imprints and Possibilities for Change
11 Guy Sinclair: The Battle and the United Nations
12 Philipp Dann: The World Bank in the Battles of the 'Decolonization Era'
Part II Individual Protagonists and Regional Perspectives
A. Individual Protagonists
13 Prabhakar Singh: Reading R.P. Anand in the Postcolony: Between Resistance and Appropriation
14 Carl Landauer: Taslim Olawale Elias: From British Colonial Law to Modern International Law
15 Umut Ozsu: Determining New Selves: Mohammed Bedjaoui on Algeria, Western Sahara, and Post-Classical International Law
16 Emamanuelle Tourme Jouannet: Charles Chaumont's Third World International Legal Theory
B. Regional Perspectives
17 Christopher Gevers: Literal 'Decolonisation': Re-reading African International Legal Scholarship through the African Novel
18 Bill Bowring: The Soviets and the Right to Self-Determination of the Colonized: Contradictions of Soviet Diplomacy and Foreign Policy in the Era of Decolonization
19 Olivier Barsalou: The Failed Battle for Self-Determination: The United States and the Postwar Illusion of Enlightened Colonialism, 1945-1975
Martti Koskenniemi: What's Law Got to Do with it? Recollections, Impressions


Jochen von Bernstorff is currently the Dean of the Tubingen Law Faculty (since 2018), holds the Chair for Constitutional law, International Law and Human Rights (since 2011), and has taught international law as a visiting professor at the German Federal Foreign Office Academy Berlin, Universite Pantheon-Assas (institut des hautes etudes internationales), Universite Aix-Marseille and National Taiwan University Taipei. He has acted as a consultant for the German Government and various UN-institutions on human rights, development and international environmental law issues.
Philipp Dann holds the Chair of Public and Comparative Law at Humboldt University Berlin (since 2014) and is principal investigator in the Cluster of Excellence 'Contestations of the Liberal Script' (since 2019). He holds degrees from Frankfurt University (PhD and post-doctoral Habilitation) and Harvard Law School (LL.M.) and has taught German, European and public international law in Germany, France, India, Kenya, the Sudan and the US.